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How ironic...
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How ironic...
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Posted by FlaNotary2 on 7/25/12 10:25am
Msg #427985

How ironic...

Marian had mentioned a few posts down about a Thrift Savings Plan document which stated that no acknowledgment could be attached - notaries must use their form because it was going to a federal agency. How coincidental that I had someone come in to have me notarize one of those forms. Needless to say, when it comes to notarial acts state law trumps all, and I added what needed to be added to make the certificate Florida compliant, but I did find the form online.

https://www.tsp.gov/PDF/formspubs/tsp-70.pdf

The certificate is on the bottom of page 5, instructions are on the bottom of page 6

Reply by Linda_H/FL on 7/25/12 10:45am
Msg #427987

She was referring to a TSP Loan/Promissory Note

I don't believe it's the same form - she was looking at TSP-21

Reply by BrendaTx on 7/26/12 5:38am
Msg #428091

Re: She was referring to a TSP Loan/Promissory Note

Check out the form that Robert posted...the language is there, even if it is not the one.

Reply by Priscilla Witman on 7/25/12 1:25pm
Msg #428020

I have seen different forms (request for loan, hardship withdrawls, etc) but I don't think I've ever seen this exact one. It does look almost identical. One thing that really bothers me about it, is that there's no place for the person's name in the certificate, it just references "the person who signed item 13". Maybe that's just me. Regardless, my stamp doesn't fit this form, not even my tiny Titan, unless maybe I used the margin. I'm still curious where they want the stamp to go!

Interestingly enough, I've never seen the instructions pages before, customers never bring them. It's never been an option to notarize their wording because my stamp just won't fit, and I was always under the impression the notary's stamp couldn't overlap the wording on a form. Again, just an opinion, and it's not ever really been an issue (stamp overlapping wording) because most other forms leave adequate room for a stamp. :/

Reply by Priscilla Witman on 7/25/12 1:26pm
Msg #428021

Should be, notarize the signature with their wording. n/m

Reply by Marian_in_CA on 7/25/12 5:10pm
Msg #428071

We just can't obscure wording on the form with our seals because our entire seal must be reproducible in a photocopy. As long as you don't obscure other printed matter on the document.

The one time I've done this, the word "seal" wasn't obscured by my seal, and all parts of my seal were visible. But I think it was dumb luck.

I wasn't comfortable doing it... but the customer was really freaking out at the idea of me attaching a loose certificate because of the instructions (and what his LO told him, too).

Reply by Priscilla Witman on 7/25/12 5:36pm
Msg #428076

I have talked to TSP on 2 occasions about this.

Both times, they told me properly executed and attached acknowledgements would be accepted. That contradicts their form, but at least the two reps didn't contradict each other. The first time I called was because I had a customer threaten me if her form was rejected. (What she threatened me with I can't really remember.) 2nd was yesterday after reading the thread regarding this form and worrying about causing the forms to be rejected.

At this point, it's not so much about the wording as it is about the space. I'd stamp if there was room. If my tiny Titan would fit, I'd use it on these. I can't remember exactly, but it seems they leave just about the same amount of room on the other forms. What if all you have is a round stamp? Those aren't very small; where the heck is it supposed to go???



Reply by Marian_in_CA on 7/25/12 5:03pm
Msg #428070

Not the same form, but...

The instructions are identical to the form I saw. Looks like they've revamped a lot of their forms.

The form Robert references has a hilarious (lack of) spot for the notary seal.... no room at all. Haha. Well, too bad for the Feds on that one. If no other wording is acceptable, they really ought to leave room for the actual seal. Brilliant people.

The form I experienced had *just* enough space for my 1-inch rectangular seal. Technically, it "covered" the word "seal" when I stamped, but the word wasn't obscured, so my entire seal was reproducible.

The instructions are what really got me, "Because the form will be filed with a Federal agency in Washington, D.C., the notary must complete the notarization in Item 31. No other acknowledgement is acceptable."

I mean, that seems to be an instruction directed right to CA notaries because it echoes the wording in our handbook.

Reply by Kristie Nauman on 7/26/12 1:06pm
Msg #428139

Re: Not the same form, but...

So, are you taking this to mean that it is ok to notarize directly on the form without using the CA language? So confusing. I have the TSP-70 in front of me right now.

Reply by Kristie Nauman on 8/3/12 12:56pm
Msg #429259

Re: Not the same form, but...

Hello, Just as an update... I called the Thrift Savings Plan people. They said they are aware of the CA notary rules, and make an exception for CA notarizations... we are allowed to include a loose certificate, and they will accept it.


 
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